2.01.002.006 - Campus Sexual Misconduct Prohibition

Approved: 8/28/2014

Approved By: President's Staff

Category: 2 - GENERAL INSTITUTION

Section: 01 - GENERAL

Policy: 002 - Civility

In an effort to promote a working and academic environment free from sexual harassment, the Community College of Beaver County (the College) complies with Title IX of the Education Amendments of 1972, which prohibits discrimination (including sexual harassment, sexual misconduct and sexual violence) based on gender in the College's educational programs and activities. Title IX also prohibits retaliation for asserting such claims of discrimination. The College is committed to providing an environment free from gender-based discrimination or harassment. Sexual harassment is a serious matter. A charge of sexual harassment is not to be taken lightly by a complainant, respondent, or any other member of the College community. Violator of this policy will be subject to disciplinary actions, including but not limited to, reprimand, suspension, termination of employment, or expulsion from the College.

DEFINITIONS

Title IX of the Educational Amendments of 1972: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance.”

Sexual harassment is any unwelcome sexual advance, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (1) Submission of such conduct is an explicit or implicit condition of employment or academic success; (2) Submission to or rejection of such conduct is used as the basis for an employment or academic decision; or (3) Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance; or creating an intimidating, hostile or offensive work or academic environment.

Examples of what constitutes sexual harassment include, but are not limited to, the following:

Solicitation of sexual activity or other sex-linked behavior by promise of reward;

Coercion of sexual activity by threat or punishment;

Non-consensual sexual intercourse or assault, or physical touching of a sexual nature; and

Display in the workplace or academic environment of sexually suggestive objects or pictures.

Retaliatory Harassment is any adverse employment or educational action taken against a person because of the person’s participation in a complaint or investigation of discrimination or sexual misconduct. Also includes retaliation against the victim by the accused or by the accused friends or others who are sympathetic to the accused. Also can include retaliation directed toward a third party because of their participation in a grievance process or for supporting a grievant.

Sexual Exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own benefit, or to benefit anyone other than the one being exploited. Examples include, but are not limited to: (1)Invasion of sexual privacy (2) Prostituting another person (3) Non-consensual recording or broadcasting of sexual activity (3) Engaging in voyeurism (4) Knowingly exposing someone to an STD or HIV (5) Exposing one’s genitals in non-consensual circumstances (6) Sexually –based stalking, bullying and cyber-bullying.

Non-consensual Sexual Intercourse is any sexual intercourse, however slight, with any object, by one person upon another person that is without consent and/or by force.

Non-consensual Sexual Contact is any intentional sexual touching, however slight, with any object, by one person upon another person that is without consent and/or by force.

Sexual Contact is intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts, or any other intentional bodily contact of a sexual manner.

Sexual Intercourse is vaginal or anal penetration by a penis, object, tongue or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

PROCEDURE AND RESPONSIBILITIES

Students who have an inquiry or complaint of sexual harassment should contact the Title IX Coordinator, Vice President for Human Resources, or the Title IX Deputy Coordinator, Dean of Academic Support & Enrollment Services. Employees must contact the Vice President of Human Resources. All inquiries will be kept strictly confidential.

Sexual Assaults should be reported immediately by calling the emergency telephone number 724-480-3555 or visiting the Campus Security Office in the Student Services Center on the Main Campus. (1) The Security Officer will meet with the complainant in a private setting. (2) A statement will be taken regarding what occurred. (3) The complainant will be asked to identify his or her assailant(s) or describe them if they are not known. (4) Questions may be asked about the scene of the crime, potential witnesses, as well as what happened before and after the incident. These inquiries are a standard part of investigation. If desired, the complainant may have a support person with him or her during the interview.

In cases involving felonies or violent crimes (which encompasses most types of sexual assault), the College is obligated to notify the local police that a crime has been reported. Victims are encouraged to cooperate with law enforcement in such cases. Depending on the complainants preference, it may be possible for him or her to make a statement to College Security and the local police at the same time. However, reporting an incident is a separate step from choosing to prosecute. When a complainant files a report, he or she is not obligated to continue with legal proceedings or college disciplinary action. As an alleged victim, he or she controls whether or not the case is adjudicated through the college system, the criminal justice system or both.

Due to the violent and extremely serious nature of sexual assault, the College strongly encourages individuals who have been sexually assaulted to contact the police. Reporting the assault to the police soon after the incident occurs may greatly increase the possibility of successful prosecution, should the victim decide to pursue criminal charges. It is extremely important to preserve all evidence of a sexual assault if criminal prosecution is to be considered. Describing an assault is difficult but it is not something a victim must go through alone. Sexual assault victims may choose to have a support person with them during investigative interviews.

Campus Security will supply the investigating police agency with a written copy of its report. If the victim is considering filing a criminal complaint, a police officer will be a part of the interview process. This does not mean he or she is obligated to proceed with criminal charges. Also, he or she may request that his or her identity be kept confidential until/unless he or she makes a commitment to proceed with criminal or college prosecution.

Victims of sexual assault will be offered the opportunity to make a formal complaint through the College’s judicial system against the offender under the College’s Code of Conduct, if the offender is a member of the CCBC community. The College may pursue code of conduct charges regardless of whether any criminal charges are filed. However, the College’s judicial process is not intended to serve as a substitute for the criminal justice system. The College will initiate internal judicial proceedings in incidents of sexual assault when a student requests it and/or when subsequent investigation produces substantial evidence of a violation of College policy.

At the victim’s request, the Dean of Academic Support & Enrollment Services may be able to make special provisions for an alternate class schedule during the period of investigation. Other special support can also be provided upon request.

In addition to potential criminal court proceedings, perpetrators of sexual assault face significant potential sanctions under the College’s judicial system. If an individual has been assaulted and is considering whether or not to pursue campus disciplinary action, he or she is encouraged to discuss the matter with the Title IX Coordinator. This will enable him or her to review procedures should he or she decide to file formal charges through the College’s disciplinary system. This discussion does not obligate the alleged victim to pursue official action. If he or she decides to pursue the disciplinary process, charges may be filed directly by the victim or by the college on the basis of his or her written statement. Such charges would be handled in accordance with the procedures relating to violations of the College’s Student Code of Conduct.

To recap, an individual who is the victim of a rape or sexual assault has several options with regard to how the case is handled. The individual may choose to: (1) Press charges through the local police; (2) Press charges through the college disciplinary system; (3) Press charges through both systems concurrently; (4) Press no charges but request a College facilitated meeting with the alleged assailant to discuss the incident.

If an individual who reports a sexual assault is harassed by anyone in connection with the incident, the harassment should be reported immediately to Campus Security and/or the Title IX Coordinator. Reporting such harassment will enable the College to investigate the allegations. Individuals have the option to have a victim’s advocate and/or any other advisor with them at all times throughout such procedures. Both the accuser and the accused shall be informed of the outcome of any institutional disciplinary proceeding alleging a sexual offense. This includes the College’s final determination as well as any sanctions against the accused.

Any respondent found guilty of a college policy violation as a result of a formal hearing, shall have a right to appeal the decision. Appeals must be made in writing to the Vice President for Learning and Student Success within five calendar days after notification of the decision for the hearing. The procedure to file an appeal is outlined in the Student Handbook.

The College will make available to students a “Campus Sexual Assault Victim’s Bill of Rights”, consistent with the federal campus sexual assault victim’s bill of rights under section 485(f)(8) of the Higher Education Act of 1965 (20 U.S.C. ~1092(f)(8)).

The Community College of Beaver County will act swiftly to protect the rights of all its members. Students who have been sexually assaulted have a variety of campus and area resources that are available to them. The College supports the victim’s right to choose which avenues of assistance are most appropriate. These resources include: Campus Security, to whom all crimes (including sexual assaults) should be reported, Title IX Coordinator, Title IX Deputy Coordinator, Counseling Services, the local police agency with jurisdiction, and the emergency department of the local hospital. Individuals who have been sexually assaulted have the following rights:

To be treated with dignity.

To be treated in a confidential manner consistent with applicable legal requirements.

To contact local police and/or the district attorney to report the crime. Community College of Beaver County will assist the student in notifying proper law enforcement officials, if requested.

To be informed of mental health counseling services on campus or in the community.

To be free from pressure to not report the crime or to report it as a lesser offense.

To be transported to the nearest medical facility approved for the collection of sexual assault evidence.

To be informed of any federal or state rights to test sexual assault suspects for communicable diseases.

To choose whether or not to have the case adjudicated through the College system, the criminal justice system, or both concurrently.

To have the same opportunities for representation as the accused, and to have others present in campus proceedings.

To be informed about the outcome of any investigation by the College, including any disciplinary action against the accused.

To be afforded alternative class assignment if requested and reasonably available.

To be given a copy of the College’s sexual assault policy. Individuals have the right to have any questions about College policy and the College judicial process answered.

Effective date

The original effective date of this procedure shall be January 6, 2014.